Whenever any preliminary investigation or trial is postponed under sections 71 or 134, the Court may at any time resume the preliminary investigation or trial and require the accused to appear or be brought before such court, when, if the court considers him capable of making his defence, the preliminary investigation or trial shall proceed, but if the Court considers the accused to be still incapable of making his defence, the accused shall be dealt with as though the preliminary investigation or trial had not been resumed. When a warrant is directed to more officers or persons than one it may be executed by all or by any one or more of them. 190. (2) If a person committed for trial in the Supreme Court shall not have been tried by the end of the next criminal. These Rules may be cited as the Criminal Procedure Rules. (1) The Attorney-General may order in writing that the power expressly vested in him by section 44 be vested for the time being any other Law Officer and the exercise of these powers by such other Law Officer shall then operate as if they had been exercised by the Attorney- General, so however that the power to enter a. in any proceedings preliminary to the committal of the accused for trial on indictment shall not be vested in any person other than the Attorney-General. 108. When statement may be used in evidence. Similar Judgments. Every sentence of death shall direct that the person condemned shall be hanged by the neck until he is dead, but shall not state the place of execution. WHEREAS on theday of19 .(name of prisoner) was convicted before me of the offence. Penalty for signing false certificate. A Court may, before passing sentence, receive such evidence as it thinks fit, in order to inform itself as to the sentence proper to be passed. (3)Where for any reason whatsoever the trial of the accused cannot take place on the day named on the warrant it shall be lawful for any Judge or Magistrate to extend by endorsement on the warrant the time stated thereon. (3)Variance between the information and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material, if it is proved that the information was in fact made within the time, if any, limited by law for the making thereof. The accused shall then make his own unsworn statement or give his evidence on oath and thereafter he shall call his witnesses (including witnesses as to character). 5 OF 2009) THE COMPANIES REGULATIONS, 2015 In exercise of the powers conferred upon the Commission by sections 494 and 530 of the Companies Act, 2009 the Commission hereby makes the following Regulations - PART I-PRELIMINARY 1. If too long for this space continue overleaf). The Magistrate, upon the lists being so settled, shall send signed copies thereof to the Sheriff to the Sheriff or Deputy Sheriff for his district. (2) for the purposes of this section the expression "Court" means any Court in Sierra Leone and includes the Supreme Court, a Magistrate's Court and any Local Court. The Literary Theory Handbook introduces students to the history and scope of literary theory, showing them how to perform literary analysis, and providing a greater understanding of the historical contexts for different theories.. A new edition of this highly successful text, which includes updated and refined chapters, and new sections on contemporary theories 64 CITIZENSHIP LAW IN AFRICA to his child; and some of those countries that do not discriminate between Whenever it shall be necessary to form a panel of jurors to serve at any session, the Sheriff in conjunction with an officer nominated by the Judge, shall cause the names of the jurors in the list, resident at and near the district, to be written on separate cards or pieces of paper of equal size and placed in ballot boxes to be kept for that purpose, and shall draw from said boxes such number of names, as the Court may direct, of special jurors and common jurors to form a panel, and the cards or slips so drawn shall thereupon be locked up in separate boxes until the whole of the names of the jurors, except those who may have served at the last preceding session, shall be returned to the ballot boxes, and, when required the names shall be re-drawn in manner aforesaid. B., Arson contrary to section 3 of the Malicious Damage Act, 1861 C.D., accessory before the fact to same offence. (6) Where it is necessary to refer to any document or instrument in an information or indictment, it shall be lawful to describe it by the any name or designation By which it is usually known, or by the purport thereof, without setting out any copy thereof. Laws of Sierra Leone, 1960, Government Printer, Freetown, Sierra Leone, Vol. CERTIFICATE AND WARRANT UNDER SECTION 129, CRIMINAL PROCEDURE ACT, 1965. 2. Statement of Offence Uttering counterfeit coin contrary to section 6 of the coinage Offences Act, 1965, B.,on the.day of.in the public market atin the Western Area of Sierra Leone, uttered a. counterfeit coin, knowing the same to be counterfeit. CONTROL OF ATTORNEY-GENERAL OVER CRIMINAL PROCEEDINGS. No commitment for non-payment shall be for a longer period than six months, except where the law under which the conviction has taken place enjoins or allows a longer period. With the offence. Search of place entered by person sought to be arrested. 96. Every challenge for cause, if objected to by the opposite party, shall be tried and determined by the Court without a jury, and the person challenged shall be examined on oath and shall be required to answer on oath, all lawful questions relating to the trial of the challenge. Clerks and other persons employed in the Judicial and Law Officers' Departments; xvi. 0000073714 00000 n Section 4 of the Local Courts Act is hereby amended as follows. Abstract/Citation: Comprehensive legislation on criminal procedure. If a trial is adjourned, the jurors shall be required to attend at the adjourned sitting and at every subsequent sitting until the conclusion of the trial. (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such constable or other person may use sufficient force to effect the arrest but no more. 105. BOSTON, Governor-General. 168. 0000001488 00000 n 82. (3) For the purposes of this section the expression "sessions" does not include any sessions designated by the Chief Justice as a special sessions. 140. B. and C.D. En primer lugar se hace alusin a la esencia, rasgos y evolucin de las Operaciones de Paz, as como una resea del papel desempeado por Chile en ellas. (b) if such criminal offence is not punishable by death be tried by the court with a jury consisting of twelve men: unless, i.such person shall have elected to be tried, or shall have been ordered to be tried by the court with the aid of Assessors in accordance with the provisions of sections 144: or. 220. 138. WHEREAS.(name) of.(address) was called Upon to enter into a recognisance to, prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of, to be preferred againstat the sittings of the, Court to be holden at.on.the. WHEREAS..of.has bound himself by recognisance to. a.to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Sierra Leone; b.to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and. Judge only may authorize search in Post and Telegraph Offices. Subsection (1) of section 9 of the principal Act is hereby amended by the insertion of the word "Local" immediately after the word "Group" in line three thereof. The Sheriff shall in each case cause the duplicate of every certificate and declaration required by this Act to be exhibited, as soon as may be, and kept exhibited for twenty-four hours at least, on or near the principal entrance of the Prison or some other public building or place situate within the district wherein judgment of death is executed. 23 dated 1st May, 2014 PRINTED AND PUBLISHED BY THE GOVERNMENT RINTING DEPARTMENT, SIERRA LEONE. (b) it shall be sufficient if only the words of the section of the enactment creating the offence are set out in the particulars of the offence. (1) Where any person charged before a Magistrate's court with an offence triable upon indictment before the Supreme Court is committed for trial, and it appears to such Magistrate's Court after taking into account anything which may be said with reference thereto by the accused or the prosecutor, that the attendance at the trial of any witness who has been examined before it is unnecessary by reason of anything contained in any statement by the accused person, or of the evidence of the witness being merely of a formal nature, the Magistrate's Court shall, if the witness has not already been bound over, bind him over to attend the trial conditionally upon notice given to him and not otherwise, or shall, if the witness has already been bound over, direct that he shall be treated as having been bound over to attend only conditionally as aforesaid, and shall transmit to the Supreme Court a statement in writing of the names, addresses and occupations of the witnesses who are or who are to be treated as having been, bound over to attend the trial conditionally. 118. B., on the..day of..atin the Western Area of Sierra Leone, robbed C.D., of a watch. (2) (2) After a plea of not guilty it shall not be open to an accused person except with the leave of the Court to object that he is not properly upon his trial by reason of some defect, omission or irregularity relating to the depositions or committal or any other matter arising out of the preliminary investigation. b. When in the case of a trial before a judge with assessors the accused has pleaded to the indictment or, in the case of trial by jury, the accused has been given in charge of the jury, counsel for the prosecution shall open the case. 6. The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 33. sentenced/ordered to pay a fine/sum/penalty of.. AND WHEREAS the said..has not paid the said fine/sum/penalty or any part thereof: Now these are to command you to make distress by seizure of the goods and chattels belonging to the, said.which may be found within the district ofand if the said, sum shall not be paid forthwith/within..days next after such distress/to sell the property distrained. the clerk of the Court shall as soon as may be thereafter deliver to that person, or send by post addressed to him at his last or usual place of residence, a notice in writing stating the amount of the penalty, the date on or before which payment thereof is required, and the place or places and times at which payment may be made, and if payment by instalments is directed, particulars of the instalments. Procedure in preliminary investigation. 213. Section 47 of the principal Act is hereby amended by the insertion immediately after the word "makes" in the third line thereof, of the following words "or cases to be made". (3)Where a representative appears, any requirement of this Act that anything shall be done in the presence of the. In the.Court at. To..(name of prosecutor or witness) of.(address), Take notice that you are bound in the sum of..leones to appear at the, ..sessions of the Supreme Court to be holden atand unless you personally make. And whereas the condition of the said recognisance has not been performed: Now these are to order you to pay the sum of.the amount of such recognisance. 133. (1) If in the course of a trial with the aid of assessors, at any time prior to the finding any assessor from any sufficient cause is prevented from attending throughout the trial, the trial shall proceed with the aid of the remaining assessors. The Governor-General may make rules to be observed on the execution of a judgment of death, for the purposes, of guarding against any abuse in such execution and giving greater solemnity to the same, and of making known without the prison walls that such execution is taking and has taken place. 19. is entered, and if he has been committed to prison shall be released or if on bail his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. (6)Where a corporation is charged with an offence triable on indictment or triable summarily, the corporation may, on arraignment before the Supreme Court or on being asked to plead by the Magistrate, as the case may be, enter in writing by its representative a plea of guilty or not guilty, and if either the corporation does not appear by a representative or, though it does so appear fails to enter any plea, the Court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty. E. M., on theday of.atin the Western Area of Sierra Leone, sold, uttered, and published. 219. To.. (name and designation of person or persons who is or are to, investigation into the offence charged against him, and should the case be sent for trial by the Supreme Court, that he will be and appear before the said Court when called upon to answer the charge against him and will continue so to, answer otherwise ordered by the said Court and in case of his making default herein I bind myself/we bind ourselves, Passed in the House of Representatives this 5. Treason and other related offences under the Treason and State Offences Act 1963 3. Time and mode of summoning parties on indictment. Thereafter counsel for the prosecution may address the Court and counsel for the defence may reply and shall then call his witness (if any) as to the character of the accused. 204. 169. 217. QUALIFICATIONS OF JURORS AND PREPARATIONS OF JURORS' LIST. (3)In this section the expression "superintendent" includes the Medical Superintendent of a mental hospital. B., on the..day of.atin Western Area of Sierra Leone, maliciously set fire. DATED thisday of.19.. *If the accused states that he does not wish his witnesses examined by the Magistrate but desires them to be bound over to appear before the Supreme Court, this must be stated, but on no account should a Magistrate suggest or encourage this, but should record the evidence unless the accused does not wish it. 182. (1) Subject to subsection (2), proceedings for the trial of any person, who is not a citizen of Sierra Leone for an offence committed within the territorial sea of Sierra Leone, shall not be instituted in any court except with the consent of the Attorney- General and upon his certificate that it is expedient that such proceedings should be instituted. When an accused person is arrested without warrant on a charge of having committed any offence other than murder or treason; and. A certificate under the hand of the Registrar or other officer of the court, that such sentence has been passed and naming the person condemned, shall be sufficient . 215. By Major (Retired) Dr. Ishmail Pamsm-Conteh Sierra Leone's Parliament on 23 July 2020 amended The Public Order Act of 1965, (the Act No.46 of 1965). 0000005510 00000 n 29. Abstract/Citation: Entitled "The Employers and Employed Ordinance" prior to independence. The Residual Special Court was established pursuant to an agreement signed between the United Nations and the Government of Sierra Leone on 11 August 2010. Conduct and precedence of prosecutions. (3) In the exercise of the powers conferred upon him by his section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority. When the accused or defendant comes before the Court on summons or warrant, or otherwise, either originally or on adjournment, then if the prosecutor, having had notice of the time and place appointed for the hearing or adjourned hearing of the charge, does not appear, the Court shall dismiss the charge, unless for some reason it thinks fit to adjourn or further adjourn the hearing. In so doing, they may be guided, as appropriate, by the Criminal Procedure Act, 1965, of Sierra Leone . (3) Any document or articles produced in evidence before the Magistrate's Court by any witness whose attendance at the trial is stated to be unnecessary in accordance with provisions of this section and marked as exhibits shall unless in any particular case the Magistrate's Court otherwise orders, be retained by the Magistrate's Court and forwarded with the depositions to the Registrar of the Supreme Court. 24. 8e Negocios. vii. (name) of(address). 0000009278 00000 n 150. 234. a.any person who in his presence commits a felony; b.any person whom he suspects of having committed a felony, if such felony had actually been committed and such private person has reasonable grounds to believe that the person arrested has committed that felony; c.any person offering to sell, pawn or deliver any property which such private person has reasonable grounds to believe to be stolen property; d.any person about to commit an act which would manifestly endanger another person's life; e. any person detaining or suspected of detaining any other person with the intent to kidnap or unlawfully remove him from Sierra Leone. 12. (1) Any person charged with any offence not punishable by death may at the time of being committed or referred for trial or at any time thereafter up to two clear days at least before the trial of such person whether he had previously elected otherwise or not, elect to be tried by a Judge with the aid of assessors and if any person shall so elect he shall be tried by a Judge with the aid of assessors instead of being tried by a Judge and jury. e.A person charged and being a witness in pursuance of this Act may be asked any question in cross-examination, notwithstanding that it would tend to criminate him as to the offence charged. (3)Where such an endorsement is made, the officer in charge of any police station which on arrest the person named in the warrant is brought shall release him upon his entering into such recognisance with sureties approved by that officer in accordance with endorsement, conditioned for his appearance before the Court and at the time and place named in the recognisance. Privilege of persons committed for trial. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of A. 160. amounts to a breach of the peace in terms of the PUBLIC ORDER ACT 1965 as amended, . 151. Paragraph (xii) of section 78 of the Prisons Act, 1961, is hereby amended. 203. (1) When the Court orders money to be paid by a convicted person, a.for a fine, penalty or the expenses of his prosecution; or. Other days thereafter receive, comfort, harbour, assist and maintain the said H. C. Statement of Offence Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916. convicted, pay the costs of the prosecution: Now I.(name of accused), of.of, ..(address) hereby bind himself that I will, in the event of my being convicted. If a Sessions shall be held at any place for which a jurors' list may not have been prepared under this Act, the Sheriff may prepare a temporary jurors' list for the purposes of such sessions, and all the provisions of this Act shall, as far as applicable, apply in the case of the persons whose names are entered, whether as common jurors or as special jurors upon such temporary list. Where defendant pleads guilty in writing. 134. Powers of Director of Public Prosecutions. In the event of the accused giving his consent to the case being dealt with summarily, the Court shall call upon him to plead to the information, and forthwith inform him of his right to recall all or any of the witnesses for the prosecution, who shall have been heard, and to subject them to any further cross-examination. 189. WHEREAS by a warrant of distress dated the..day of. 19, it was, ordered that distress be lived against the goods and chattels, of(name of offender) for the sum. 225. to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and to their sureties (if any), and also to the accused and his sureties in case he shall have been admitted to bail. Magistrate's Courts have limited jurisdiction. 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